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In June, the US Supreme Court determined that the Defense of Marriage Act (DOMA) was unconstitutional. Within days, the USCIS and several other federal agencies indicated that it would begin treating same sex married couples the same as heterosexual married couples. Although it was a bit longer in coming compared to the USCIS, the Department … Continue reading “State Department FAQ on Same Sex Immigration Benefits” The U.S. Supreme Court today ruled that the Defense of Marriage Act (DOMA) is unconstitutional. In essence, the Court said that the Federal government could not treat legally married same-sex couples differently from other legally married couples. What Does This Mean For Immigration Purposes? With this ruling, Gafner Law Firm is confident that the … Continue reading “DOMA Struck Down – Its Impact on Same-Sex Marriage Visa & Immigration Benefits” Currently, as of this writing, the immigration agency does not recognize same-sex marriages as eligible for the marriage visa leading to permanent resident. However, many believe that the immigration agency will begin to accept same-sex marriage visa applications in the near future. My personal guess is that the change will occur within the next … On October 5, 2012, the Immigration & Customs Enforcement Agency released a memorandum indicating that it was modifying its definition of family relationship to include long-term, same-sex relationships. ICE will use this definition when it is making prosecutorial discretion determinations. Under its new guidelines, ICE will consider same-sex relationships to rise to the level of … |
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